LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 28-31, 1977, Page 2

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the Synod's Constitution by practicing unionism and for engaging in a practice which is in violation of 1
Corinthians 8, whereby the weaker brother is being led into temptation. The Secretary had suggested that
since the Council of District Presidents apparently does not have a policy in this matter, Mr. Neumann
might want to approach the chairman of the Board of Appeals. He also referred him to the Handbook, at
the same time expressing the necessity of supplying more details for the Board of Appeals' chairman to
make an evaluation. The Commission ratified this reply.
292. Oswald Hoffmann Candidacy (Ag. 1186): Following the telephone conference call the Secretary had
informed Dr. Oswald C.J. Hoffmann that the "willingness to serve" provision was still in the Bylaws and
needed to be observed. The Commission formally ratified this reply.
293. Status of Teacher Holding Membership in a Break-Away Group (Ag 1187, A,B): Mr. Vernon C.
Koch, headmaster of Immanuel Lutheran School in Bristol, Connecticut, had raised quite a number of
questions about a teacher who wishes to continue on the faculty of the parochial school of that
congregation which holds membership in the Synod although he personally wishes to be a member of a
congregation which has split away and has joined the AELC. The Commission resolved upon the
following opinion:
1.

If a pastor or teacher after being called by a member congregation of the Synod becomes a
member of a congregation not affiliated or in fellowship with the Synod, he has eliminated a
factor which makes him eligible to be a called pastor or teacher and thus by his own actions
he has forfeited his right to continue to be a pastor or teacher member of The Lutheran
Church-Missouri Synod.

2.

Naturally, the congregation may continue to engage him on the basis of a contract, although
he would no longer be a teacher member of the Synod.

The Commission also suggested that Mr. Koch seek the answers to other questions which he has raised
from the IRS, the Concordia Plans, and Concordia Publishing House.
294. Appraisal of District President (AQ. 1189, A,AA,B,C,D): Both Mr. R. D. Scherer, chairman of a
subcommittee of the Kansas District Board of Directors, and Rev. Andrew Sabo, District secretary, had
written requesting an evaluation of a document adopted by that District Board of Directors: "Appraisal of
the District President." The Secretary had indicated in his reply to Mr. Scherer that the procedure for
removal of a District president from office for administrative reasons had been covered quite thoroughly
in the detailed constitutional opinion regarding this matter published prior to the Anaheim convention, on
the basis of which several District presidents had been removed from office. He had also indicated that
the procedures for removal for medical reasons could possibly be covered by a reference to the guidelines
of the synodical Commission on Ministerial Health. The Commission ratified this position and decided to
await any possible further request before taking any further action.
294a. Retirement Plan, Kansas (Ag. 1189 A,B,C): The Commission also took no action at this time on
this part of the request from the Kansas District Board of Directors.
295. Status of Institutional Missionary (Ag. 1194): President Mennicke had raised a question regarding
the status of an institutional missionary called by the District, who, however, serves also an inter-Lutheran
association which has the responsibility for administering and coordinating work of the various chaplains
who serve in institutions throughout the state. He had addressed a request for an opinion both to the
CTCR and also to the CCM. The Secretary had replied that since the man is definitely called by the
District and assigned by the District to a particular institution as an institutional chaplain, it would seem
that his status would fall into the category of Bylaw 4.33 g, and that his relationship to the Lutheran